The 2nd Court of Appeals of First Instance gave a positive answer to the question of whether the driver was responsible for the actions of the passengers. In this respect reports “Russian newspaper”.
The court made this statement during the consideration of a specific case: in the Tver region, a passenger opened the door wide and scratched someone else’s car. At the same time, insurers refused to pay the injured party under compulsory traffic insurance, which should be paid only if the driver’s guilt is proven. The company advised the owner to resolve the issue directly with the passenger.
However, the Financial Services Consumer Rights Commissioner, to whom the man appealed, did not agree with this decision. He ordered the insurers to pay 7.3 thousand rubles to the injured party. The courts later confirmed that this was the correct decision in legal terms.
“The courts found that the actions of the Skoda Yeti driver in violation of the requirements of Article 12.7 of the Traffic Regulations of the Russian Federation, who did not control the safe exit of the passenger after stopping the vehicle, the 2nd Criminal Court of First Instance of the Magistrates’ Court ruled that G.’s car, which was standing nearby, caused damage related to the insured incident He stated that there was a causal relationship with the incident.
It was also noted that the driver had to park his vehicle without interfering with the movements of others, including passengers. In addition, the compulsory motor insurance law does not attribute the occurrence of an insured event solely to the movement of the vehicle.
“Damage occurring while opening the doors is considered an accident. And victims have the right to receive payment under compulsory traffic insurance if the person who caused the damage is insured. By the way, you cannot hide from such an accident. Because this risks deprivation of rights for one to one and a half years or detention for up to 15 days,” warned lawyer Lev Voropaev.
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